CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/RES/6 affecting Mills ME 2402 and 2402T safety belts. CASA has assessed this AD and as a result has cancelled Australian AD/RES/6. The cancellation will become effective on
9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act provides the foundation for various subsidiary regulations, including the Civil Aviation Safety Regulations 1998, which were introduced to maintain safety standards in the aviation sector. One of the key tools within these regulations is the issuance of airworthiness directives (ADs), which aim to ensure that aircraft and aeronautical products meet required safety standards. The Act empowers the Governor-General to create these regulations in the interest of air navigation safety, while the Civil Aviation Safety Authority (CASA) is authorised to issue ADs under specific conditions. The problem or gap addressed by this legislation includes the need for a structured approach to managing the continuing airworthiness of aircraft registered in Australia, in line with international obligations and standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for the issuance and management of airworthiness directives (ADs) within Australia, aimed at ensuring the safety of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and must comply with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft is designed, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which is responsible for the individual aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue Australian ADs if necessary to enforce the required safety measures.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products (sections 98, 39.001). These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003 (section 46A, subregulation 39.001(5)).
The obligations under this legislation primarily rest with CASA, as Australia's national airworthiness authority, and with the State of Registry of individual aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8). The State of Registry must develop or adopt measures to ensure the continuing airworthiness of aircraft registered within its territory (Annex 8).
Failure to comply with ADs can result in severe consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for non-compliance with ADs, breaches of airworthiness regulations generally can lead to substantial penalties under the Civil Aviation Act 1988. Such penalties may include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act. CASA enforces compliance through inspections and other regulatory measures, and significant non-compliance can result in aircraft being grounded or operations being suspended until the necessary actions are taken to meet the AD requirements.